HomeMy WebLinkAboutItem 17 - Minutes IT
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF GRAPEVINE
The City Council of the City of Grapevine, Texas met in Executive Session on this the 12th
day of March, 2010 at 12:00 p.m. in the City Council Conference Room, Second Floor, 200
South Main Street, with the following members present to-wit:
William D. Tate Mayor
C. Shane Wilbanks Mayor Pro Tem
Sharron Spencer Council Member
Roy Stewart Council Member
Darlene Freed Council Member
Mike Lease Council Member
Chris Coy Council Member
constituting a quorum, with the following members of the City Staff:
Bruno Rumbelow City Manager
Jennifer Hibbs Assistant City Manager
H. T. Hardy Assistant City Manager
Matthew Boyle Assistant City Attorney
Linda Huff City Secretary
CALL TO ORDER
Mayor Tate called the meeting to order at 12:06 p.m.
ITEM 1. EXECUTIVE SESSION
Mayor Tate announced the City Council would conduct a closed session regarding:
(A) conference with City Manager and Staff to discuss and deliberate commercial and
financial information received from business prospects the City seeks to have locate or
expand in the City, with which businesses the City is conducting economic development
negotiations under Section 551 .087, Texas Government Code.
Upon reconvening in open session in the City Council Conference Room, Mayor Tate
asked if there was any action necessary relative to the closed session. City Manager
Bruno Rumbelow stated there was no action necessary relative to conference with City
Manager and Staff under Section 551.087, Texas Government Code.
ADJOURNMENT
Mayor Pro Tern Wilbanks, seconded by Council Member Stewart, offered a motion to
adjourn the meeting at 1:38 p.m. The motion prevailed by the following vote:
03/12/10
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS on this the 6th day of April, 2010.
APPROVED:
William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
2
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF GRAPEVINE
The City Council of the City of Grapevine, Texas met in Executive Session on this the 16th
day of March 16, 2010 at 5:45 p.m. in the City Council Conference Room, Second Floor,
200 South Main Street, with the following members present to-wit:
William D. Tate Mayor
C. Shane Wilbanks Mayor Pro Tem
Sharron Spencer Council Member
Roy Stewart Council Member
Darlene Freed Council Member
Mike Lease Council Member
Chris Coy Council Member
constituting a quorum, with the following members of the City Staff:
Bruno Rumbelow City Manager
Jennifer Hibbs Assistant City Manager
H. T. Hardy Assistant. City Manager
John F. Boyle, Jr. City Attorney
Matthew Boyle. Assistant City Attorney
Linda Huff City Secretary
CALL TO ORDER
Mayor Tate called the meeting to order at 5:48 p.m.
ITEM 1. EXECUTIVE SESSION
Mayor Tate announced the City Council would conduct a closed session regarding:
(A) real property relative.to deliberation of the exchange, lease or value of City owned
properties pursuant to Section 551.072, Texas Government Code;
(B) conference with City Manager and Staff to discuss and deliberate commercial and
financial information received from business prospects the City seeks to have locate or
expand in the City, with which businesses the City is conducting economic development
negotiations under Section 551.087, Texas Government Code.
Upon reconvening in open session in the Council Chambers, Mayor Tate asked if there
was any action necessary relative to the closed session.
Under Section 551.072, City Manager Bruno Rumbelow recommended the City Council
accept the lease offer from Titan Operating LLC and authorize the City Manager to execute
the appropriate lease documents.
03/16/10
Mayor Pro Tern Wilbanks, seconded by Council Member Stewart,offered a motion that the
Council accept the lease offer from Titan Operating LLC. The motion prevailed by the
following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
Under Section 551.087, City Manager Rumbelow recommended the City Council authorize
an economic development grant to Grapevine Mills LP in an amount not to exceed
$1,000;000 subject to approval of the TIF No. 1 Board of Directors and an economic
development agreement.
Council Member Freed, seconded by Council Member Lease, offered a motion to approve
as recommended. The motion prevailed by the following vote:
Ayes: Tate, Wilbanks; Spencer, Stewart; Freed, Lease & Coy
Nays: None
NOTE. City Council continued with the Regular City Council meeting in open session in
the City Council Chambers.
ADJOURNMENT
Council Member Coy, seconded by Council Member Lease,offered a motion to adjourn the
meeting at 9:21 p.m. The motion prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS on this the 6th day of April, 2010.
APPROVED:
William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
2
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF GRAPEVINE
The City Council and the Planning &Zoning Commission of the City of Grapevine, Texas
met in Regular Joint Session on this the 16th day of March, 2010 at 7:30 p.m. in the City
Council Chambers, Second Floor, 200 South Main Street, with the following members of
the City Council present to-wit:
William D. Tate Mayor
C. Shane Wilbanks Mayor Pro Tern
Sharron Spencer Council Member
Roy Stewart Council Member
Darlene Freed Council Member
Mike Lease Council Member
Chris Coy Council Member
constituting a quorum, with the following members of the Planning &Zoning Commission:
Larry Oliver Chairman
Herbert Fry Vice Chairman
Betty °BJ° Wilson Member
Monica Hotelling Member
Jim Fechter Member
Gary Martin Member
Wayne Szot Alternate
Elaine Martin Alternate
constituting a quorum with Commissioner Mark Lowery absent, with the following
members of the City Staff:
Bruno Rumbelow City Manager
Jennifer Hibbs Assistant City Manager
H. T. Hardy Assistant City Manager
John F. Boyle, Jr. City Attorney
Linda Huff City Secretary
CALL TO ORDER
Mayor Tate called the meeting to order at 7:45 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Martin delivered the Invocation and led the Pledge of Allegiance.
03/16/10
ITEM 1. PRESENTATION, GRAPEVINE BLACKSMITH DAY PROCLAMATION
Mayor Tate presented Blacksmith Bill Stoddard with a proclamation declaring March 20,
2010 as Grapevine Blacksmith Day and invited citizens to join in the re-opening of the
Grapevine Blacksmith Shop to promote the preservation, restoration and appreciation of
Grapevine's traditions and heritage.
ITEM 2. PUBLIC HEARING CONDITIONAL USE APPLICATION CU09-48 DINO'S
STEAK AND CLAW HOUSE
Mayor Tate declared the public hearing open.
Planning & Development Manager Ron Stombaugh reported that Conditional Use
Application CU09-48 had been filed by Dino's Steak and Claw House requesting a
conditional use permit to amend the site plan approved by Ordinance No. 20.08-15 for
outside dining in conjunction with a restaurant. The Subject property is located at 342
South Main Street. and is zoned "CBD" Central Business District. The applicant plans a
670-square foot outdoor dining area adjacent to the front of the restaurant with seating for
24 patrons. At hree-foot wrought iron fence will separate the seating and sidewalk. Total
indoor/ outdoor seating will accommodate 96 patrons. Parking is available west of the
subject site within a parking lot available to patrons and visitors to the downtown area.
Mr. Joe Gregory requested favorable consideration of the application.
There were no questions from the City Council or the Planning & Zoning Commission.
Mayor Tate invited guests present to comment regarding the application. No one wished to
speak. City Secretary Huff reported the Council and Commission had been copied the one
letter of support. .
Commissioner Wilson, seconded by Commissioner Fechter, offered a motion to close the
public hearing. The motion prevailed by the following vote:
Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot
Nays: None
Absent: Lowery
Council Member Stewart, seconded by Council Member Lease, offered a motion to close
the public hearing. The motion prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
ITEM 3. PUBLIC HEARING, CONDITIONAL USE APPLICATION CU10-02 PALIO'S
PIZZA CAFE
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03/16/10
Mayor Tate declared the public hearing open.
Planning & Development Manager Stombaugh reported that Conditional Use Application
CU10-02 had been filed by Palio's Pizza Caf.6 requesting a conditional use permit to
amend the site plan approved by Ordinance No. 2007-58 for outside dining in conjunction
with a restaurant with outdoor speakers. The subject property is located at 1000 Texan
Trail#100 and is zoned "CC" Community Commercial District Regulations. The applicant
proposes a 16-seat covered, outdoor patio dining area adjacent to the west side of the
building with four outdoor speakers. A three-foot stone and wrought iron fence will provide
separation from the seating and vehicle use area. The subject site has adequate parking.
Mr. Joseph Schneider requested favorable consideration of the application.
Council questioned the need for the outdoor speakers. Mr. Schneider responded they
would be used only for background music.
Mayor Tate invited guests present to comment regarding the application. No one wished to
speak and there was no correspondence to report.
Commissioner Wilson, seconded by Commissioner Szot, offered a motion to close the
public hearing. The motion prevailed by the following vote:
Ayes: Oliver, Fry,Wilson, Hotelling, Fechter, Martin & Szot
Nays: None
Absent:. Lowery
Council Member Lease, seconded by Council Member Coy, offered a motion to close the
public hearing. The motion prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
ITEM 4. PUBLIC HEARING FINAL PLAT LOT 1 R BLOCK 1 R FIRST NATIONAL
BANK ADDITION
Mayor Tate declared the public hearing open.
Senior Civil Engineer Scott Dyer reported that the application for the final plat of Lot 1 R,
Block 1 R, First National Bank Addition being a replat of a portion of Lot 1, Block 1, First
National Bank Addition had been filed by Ball Street Joint Venture. The subject property is
zoned "HC" Highway Commercial District and is located at 1400 South Main Street. The
3.632 acre site is being platted to reduce the lot size and adjust the west property line to
the east.
There were no questions from the City Council or the Planning & Zoning Commission.
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03/16/10
Mayor Tate invited guests present to comment regarding the application. No one wished to
speak and there was no correspondence to report.
Commissioner Hotelling, seconded by Commissioner Fechter,offered a motion to close the
public hearing. The motion prevailed by the following vote:
Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot
Nays: None
Absent: Lowery
Mayor Pro Tern Wilbanks, seconded by Council Member Stewart,offered a motion to close
the public hearing. The motion prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
ITEM 5. PUBLIC HEARING FINAL PLAT LOT 1R2, BLOCK 1 R PAYTON-WRIGHT
ADDITION, REPLAT OF A PORTION OF LOT_1 R, BLOCK 1 R, PAYTO N-
W RIGHT ADDITION AND A PORTION OF LOT 1, BLOCK 1, FIRST
NATIONAL BANK ADDITION
Mayor Tate declared the public hearing open.
Senior Civil Engineer Dyer reported that the application for the final plat of Lot 1 R2; Block
1 R, Payton--Wright Addition being a replat of a portion of Lot 1 R, Block.1 R, Payton-Wright
Addition and a portion of Lot 1, Block 1, First National Bank Addition had been filed by Ball
Street Joint.Venture. The subject property is zoned "HC Highway Commercial District and
is located at 440 West State Highway 114. The 6.981 acre property is being platted to
adjust east and west property lines to the.east..
There were no questions from the City Council or the Planning & Zoning Commission.
Mayor Tate invited guests present to comment regarding the application. No one wished to
speak and there was no correspondence to report.
Commissioner Fry, seconded by Commissioner Hotelling, offered a motion to close the
public hearing. The motion prevailed by the following vote:
Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot
Nays: None
Absent: Lowery
Council Member Stewart, seconded by Council Member Coy, offered a motion to close the
public hearing. The motion prevailed by the following vote:
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03/16/10
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
ITEM 6. PUBLIC . HEARIING CONDITIONAL USE APPLICATION CU10-03
PAPPADEAUX SEAFOOD KITCHEN
FINAL PLAT, LOT 6, BLOCK 1, HAYLEY ADDITION, REPLAT OF LOT
5RB2B BLOCK 1, HAY_LEY ADDITION AND A PORTION OF LOT 1R1,
BLOCK 1 R, PAYTON-WRIGHT ADDITION
Mayor Tate declared the public hearing open.
Planning & Development Manager Stombaugh reported that Conditional Use Application
CU10-03 and the application for the final plat of Lot 6, Block 1, Hayley Addition being a
replat of Lot 5RB2B, Block 1, Hayley Addition and a portion of Lot 1 R1, Blockl R, Payton-
Wright Addition had been filed by Pappas Restaurants, Inc. The conditional use permit
requests a permit to amend the site plan approved by Ordinance No. 97-107 for the
possession, storage,retail sale and on-premise consumption of alcoholic beverages(beer,
wine and mixed beverages), outside dining, and a 40 foot pole sign in conjunction with a
restaurant (Pappadeaux Seafood Kitchen). The subject property is located at 600 West
State Highway 114 and is zoned "HC" Highway Commercial District. The applicant
proposes a 10,565 square foot restaurant with total seating for 442 including 45 outside
patio seats. The site is the former Tia's Tex-Mex Restaurant that will be demolished to
accommodate the larger restaurant and increased parking area. Approximately one acre
of additional property will be added to the site from the adjacent former Payton-Wright Ford
site to the east. Total parking required is 167 spaces with 220 being provided. A new 40-
foot pole sign with changeable copy is also proposed.
Mr. Dave Richards requested favorable consideration of the applications.
There were no questions from the City Council or the Planning & Zoning Commission.
Mayor Tate invited guests present to comment regarding the application. No one wished to
speak and there was no correspondence to report.
Commissioner Fechter, seconded by Commissioner Wilson, offered a motion to close the
public hearing. The motion prevailed by the following vote:
Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot
Nays: None
Absent: Lowery
Council Member Coy, seconded by Council Member Spencer,offered a motion to close the
public hearing. The motion prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
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03/16/10
ITEM 7. PUBLIC HEARING, FINAL PLAT, LOT 2R, BLOCK 1, HAYLEY ADDITION,
REPLAT OF LOTS 2, 3R-1 AND 3R-2, BLOCK 1, HAYLEY ADDITION
Mayor Tate declared the public hearing open.
Senior Civil Engineer Dyer reported that the application for the final plat of Lot 2R, Block 1,
Hayley Addition being a replat of Lots 2, 3R-1 and 3R-2, Block 1, Hayley Addition had been
filed by Ball Street Joint Venture. The subject property is zoned "HC"Highway Commercial
District and is located at 1401 William D. Tate Avenue. The 2.384 acre site contains three
lots that are being platted into one lot.
There were no questions from the City Council or the Planning & Zoning Commission.
Mayor Tate invited guests present to comment regarding the application. No one wished to
speak and there was no correspondence to report.
Commissioner Szot, seconded by Commissioner Martin, offered a motion to close the
public hearing. The motion prevailed by the following vote:
Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot
Nays: None
Absent Lowery
Mayor Pro Tem.. Wilbanks,seconded by Council Member Freed, offered a motion to close
the public hearing. The motion prevailed by the following voter
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
ITEM 8. PUBLIC . HEARING SPECIAL USE APPLICATION_SU10-01 CLEAR
WIRELESS LLC
Mayor Tate declared the public hearing open.
Planning & Development Manager Stombaugh recommended that Special Use Application
SU10-01 be tabled to the April 20, 2010 meeting. The application was filed by Clear
Wireless LLC requesting a special use permit to establish a 49 square foot ground lease
and the collocation of three cellular antennas and four microwave dishes on property
located at 1900 Minters Chapel Road. The subject property is zoned "LI" Light Industrial
District.
Commissioner Fechter, seconded by Commissioner Wilson, offered a motion to table the
public hearing to the April 20, 2010 meeting. The motion prevailed by the following vote:
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03/16/10
Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot
Nays: None
Absent: Lowery
Council Member Stewart, seconded by Council Member Lease, offered a motion to table
the public hearing to the April 20, 2010 meeting. The motion prevailed by the following
vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
Mayor Tate announced there would be no additional notice to adjacent property owners.
ITEM 9. PUBLIC HEARING HISTORIC LANDMARK SUBDISTRICT DESIGNATION
HL10-03 DON GERSCHICK
FINAL PLAT LOT 24R BLOCK 1 ORIGINAL TOWN OF GRAPEVINE
REPLAT OF LOTS 23 AND 24; BLOCK 1, ORIGINAL TOWN OF
GRAPEVINE
Mayor Tate declared the public hearing open.
Planning& Development Manager Stombaugh reported that Historic Landmark Subdistrict
designation HL10-03 and the application for the final plat of Lot 24R, Block 1, Original
Town of Grapevine being a replat of Lots 23 and 24, Block 1, Original Town of Grapevine
had been filed by Mr. Don Gerschick. The application requests a Historic Landmark
Subdistrict designation on property located at 316 Barton Street. The subject property is
zoned "CBD" Central Business District.
There were no questions from the City Council or the Planning & Zoning Commission.
Mayor Tate invited guests present to comment regarding the application. No one wished to
speak and there was no correspondence to report.
Commissioner Wilson, seconded by Commissioner Fechter, offered a motion to close the
public hearing. The motion prevailed by the following vote:
Ayes: Oliver, Fry, Wilson, Hotelling, Fechter, Martin & Szot
Nays: None
Absent: Lowery
Council Member Lease, seconded by Council Member Freed,offered a motion to close the
public hearing. The motion prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
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03/16/10
Note: Mayor Tate announced that the Planning &Zoning Commission would remain in the
City Council Chambers during Item 10 public hearing for the discussion regarding the
proposed amendments to Chapter 12 Oil and Gas Well Drilling.
ITEM 10." PUBLIC HEARING, AMENDMENTS TO CHAPTER 12 HEALTH AND
SANITATION, ARTICLE VII; OIL AND GAS WELL DRILLING
Mayor Tate declared the public hearing open.
Development Services Director Scott Williams reviewed the proposed amendments to the
Grapevine Code of Ordinances, Chapter 12 Health and Sanitation,Article VI I, Oil and Gas
Well Drilling. The proposed amendments provide maximum time periods forthe required
installation of screening walls and landscaping and removal of the frac pond. There are
provisions in the proposed amendments that allow delays of these requirements if wells are
being continuously drilled. The amendments also require the screening fence be raised
from a minimum of six feet to eight feet in height and that it be constructed of masonry.
The proposed amendments to Chapter 12-144, Site Plan requirements, make it clear that
all of the submittals contained in the drilling ordinance are part of the required Special Use
Permit submittal. Section 12-150 has been modified to provide additional notification
requirements to the City.
Mayor Tate invited guests to comment regarding the proposed amendments.
Ms. Lynda Gearheart, representing Chesapeake Energy, presented Chesapeake's
concerns regarding the proposed amendments. She noted the challenges of the proposed
amendments as safety and security concerns, aesthetical situations, flexible timing and
that one solution does not fit all situations. She requested that the City table the ordinance
until all solutions and goals can be clarified for the mutual benefit of both the City and
Chesapeake.
Council discussion ensued that the City's goals for oil and gas well drilling has been made
clear and that all applicants know what is required for submittal of an application to the City
of Grapevine.
Motion by Mayor Pro Tern Wilbanks, seconded by Council Member Spencer, to close the
public hearing prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
Motion by Council Member Coy, seconded by Council Member Spencer, to approve the
ordinance as recommended prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
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03/10/10
ORDINANCE NO. 2010-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS,AMENDING THE GRAPEVINE CODE
OF ORDINANCES CHAPTER 12 HEALTH AND SANITATION,
ARTICLE VII, OIL AND GAS WELL DRILLING, REPEALING
CONFLICTING ORDINANCES PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED UPON EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
RECESS AND RECONVENE
Mayor Tate announced the Planning &Zoning Commission would recess to the Planning&
Zoning Conference Room to consider published business.
The City Council remained in session in the Council Chambers to consider published
business.
ITEM 11_ RESOLUTION. EXTEND 2011 MAIN STREET OUTDOOR ADVENTURE
FESTIVAL
Convention & Visitors Bureau Director P. W. McCallum recommended approval of a
resolution extending the 2011 Main Street Outdoor Adventure Festival.f0 four days. The
expansion of Main Street Outdoor Adventure hours to a permanent four-day festival
starting in 2011 and the extension of hours was presented to the Convention & Visitors
Bureau Board of Directors and unanimously recommended to forward to the City Council
for approval.
Motion by Council Member Spencer, seconded by Council Member Coy, to approve the
resolution as recommended prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
RESOLUTION NO. 2010-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ENDORSING THE EXTENSION OF
THE MAIN STREET OUTDOOR ADVENTURE FESTIVAL TO
A FOUR-DAY FESTIVAL, THURSDAY THROUGH SUNDAY
AND PROVIDING AN EFFECTIVE DATE
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03/16/10
ITEM 12. RESOLUTION, AUTHORIZE MASTER UTILITY ADJUSTMENT
AGREEMENT, NORTHGATE CONSTRUCTORS
Public Works Deputy Director Stan Laster recommended approval of a resolution
authorizing a Master Utility Adjustment Agreement with NorthGate Constructors in an
amount not to exceed $1,819,646.80 for the necessary relocation and adjustment of City
Water and wastewater facilities due to the DFW Connector construction. The agreement
would streamline the design and construction process by taking advantage of NorthGate's
large engineering staff on site and subcontractors under contract to quickly adapt to an
evolving schedule. The City reserves the right to review all plans and can impose
restrictions on the work schedule to protect the City's interests during peak use times of the
year. Utility Adjustment Agreement Amendments (UAAA)will be approved by Staff as the
construction components are designed and are ready for construction. Cumulative Staff
approval of UAAA's will not exceed the cost estimate established in this Master Agreement
without City Council approval.
Motion by Council Member Coy, seconded by Council Member Lease, to approve the
resolution as recommended prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
RESOLUTION NO. 2010-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS APPROVING A MASTER UTILITY
ADJUSTMENT AGREEMENT,AUTHORIZING ASSOCIATED
EXPENDITURES OF UP TO $1,819,646.80, AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL ASSOCIATED
DOCUMENTS AND AMENDMENTS AND PROVIDING AN
EFFECTIVE DATE
ITEM 13. AUTHORIZE CONTRACT,TERRACON CONSULTANTS INCORPORATED,
MATERIAL TESTING AND INSPECTION SERVICES, _GRAPEVINE
CONVENTION & VISITORS BUREAU HEADQUARTERS AND MUSEUM
COMPLEX
Public Works Deputy Director Laster recommended approval of a contract with Terracon
Consultants, Incorporated for Material Testing and Inspection Services on the Grapevine
Convention & Visitors Bureau Headquarters and Museum Complex in an amount not to
exceed $28,243.20. The proposed scope of testing is consistent with similar site
improvement projects and addresses the standard testing and observations required by the
building permit and inspection staff.
Motion by Council Member Coy, seconded by Council Member Freed, to approve as
recommended prevailed by the following vote:
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03/16/10
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
CONSENT AGENDA
The next order of business for the City Council was to consider the consent agenda items,
which were deemed to need little or no discussion and were acted upon as one business
item. Mayor Tate asked if there was any member of the audience or the City Council who
wished to remove an item from the consent agenda for full discussion. There were none.
Item 14. Renew Contract, Traffic Materials and Supplies Annual Contract
Public Works Director recommended approval of the renewal of the Traffic Materials and
Supplies Annual Contract to Vulcan, Inc.; 3M Company; Consolidated Traffic; Naztec, Inc.;
Hall Signs and Roadrunner Traffic.
Motion by Council Member Stewart, seconded by Council Member Freed, to approve as
recommended prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
Item 15. Consideration of Minutes
City Secretary recommended approval of the minutes of the February 23, March 2 and 5,
2010 City Council meetings as published.
Motion by Council Member Stewart, seconded by Council Member Freed, to approve as
recommended prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
RECESS AND RECONVENE
Mayor Tate announced the City Council would take a brief recess. Upon reconvening in
the City Council Chambers, all members of the City Council were present.
ITEM 16. PLANNING & ZONING COMMISSION RECOMMENDATION
CONDITIONAL USE APPLICATION CU09-48 DI NO'S STEAK AND CLAW
HOUSE
Chairman Larry Oliver reported the Planning &Zoning Commission voted 7-0 for approval
of Conditional Use Application CU09-48 filed by Dino's Steak and Claw House granting a
conditional use permit to amend the site plan approved by Ordinance No. 2008-15 for
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03/16/10
outside dining in conjunction with a restaurant located at 342 South Main Street. The
subject property is zoned "CBD" Central Business District.
Mayor Pro Tem Wilbanks, seconded by Council Member Coy, offered a motion to accept
the Commission's recommendation and approve the ordinance granting the conditional use
permit_ The motion prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
ORDINANCE NO. 2010-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ISSUING A CONDITIONAL USE
PERMIT IN ACCORDANCE WITH SECTION 48 OF
ORDINANCE NO. 82-73, THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF GRAPEVINE,
TEXAS; SAME BEING ALSO KNOWN AS APPENDIX"D" OF
THE CITY CODE, BY GRANTING CONDITIONAL USE
PERMIT CU09-48 AMENDING THE SITE PLAN APPROVED
BY ORDINANCE. NO. 2008-15 FOR OUTSIDE DINING IN
CONJUNCTION WITH A RESTAURANT IN A DISTRICT
ZONED "CBD" CENTRAL BUSINESS DISTRICT ALL IN
ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT
TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL
OTHER CONDITIONS RESTRICTIONS AND SAFEGUARDS
IMPOSED HEREIN;CORRECTING THE OFFICIAL ZONING
MAP; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; PROVIDING A CLAUSE RELATING
TO SEVERABILITY; DETERMINING THAT THE PUBLIC
INTERESTS; MORALS AND GENERAL WELFARE DEMAND
THE ISSUANCE OF THIS CONDITIONAL USE PERMIT;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED UPON EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
ITEM 17. PLANNING & ZONING COMMISSION RECOMMENDATION
CONDITIONAL USE APPLICATION CU10-02 PALIP'S PIZZA CAFE
Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of
Conditional Use Application CU 10-02 filed by Palio's Pizza Cafe granting a conditional use
permit to amend the site plan approved by Ordinance No. 2007-58 for outside dining in
conjunction with a restaurant with outdoor speakers. The subject property is located at
1000 Texan Trail #100 and is zoned "CC" Community Commercial District Regulations.
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03/16/10
Council Member Freed, seconded by Council Member Lease, offered a motion to accept
the Commission's recommendation and approve the ordinance granting the conditional use
permit.
Council discussion ensued relative to the outdoor speakers that would be adjacent to a
residential neighborhood.
Following discussion, Council Member Freed, seconded by Mayor Pro Tern Wilbanks,
amended her motion to accept the Commission's recommendation with the exception of
allowing the outdoor speakers. The motion prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
ORDINANCE NO. 2010-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ISSUING A CONDITIONAL USE
PERMIT IN ACCORDANCE WITH SECTION 48 OF
ORDINANCE NO. 82-73, THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF GRAPEVINE,
TEXAS, SAME BEING ALSO KNOWN AS APPENDIX"D" OF
THE CITY CODE, BY GRANTING CONDITIONAL USE
PERMIT CU10-02 AMENDING THE SITE PLAN APPROVED
BY ORDINANCE NO. 2007-58 FOR OUTSIDE DINING IN
CONJUNCTION WITH A RESTAURANT IN A DISTRICT
ZONED "CC" COMMUNITY COMMERCIAL DISTRICT
REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN
APPROVED PURSUANT TO SECTION.47 OF ORDINANCE.
NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS
AND SAFEGUARDS IMPOSED HEREIN;CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; PROVIDING A
CLAUSE RELATING TO SEVERABILITY; DETERMINING
THAT THE PUBLIC INTERESTS, MORALS AND GENERAL
WELFARE DEMAND THE ISSUANCE OF THIS
CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
ITEM 18. PLANNING & ZONING COMMISSION RECOMMENDATION
FINAL PLAT LOT 1R, BLOCK 1 R FIRST NATIONAL BANK ADDITION
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03/16/10
Chairman Oliver reported the Planning &Zoning Commission voted 7-0 for approval of the
Statement of Findings and the final plat of Lot 1 R, Block 1 R, First National Bank Addition.
The 3.632 acre property is located at 1400 South Main Street and is being platted to
reduce the lot size and adjust the west property line to the east.
Council Member Stewart, seconded by Council Member Lease, offered a motion to accept
the Commission's recommendation and approve the Statement of Findings and the final
plat of Lot 1 R, Block 1R, First National Bank Addition. The motion prevailed by the
following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
ITEM 19. PLANNING & ZONING COMMISSION RECOMMENDATION
FINAL PLAT, LOT 1 R2, BLOCK 1 R, PAYTON-WRIGHT ADDITION
Chairman Oliver reported the Planning&Zoning Commission voted 7-0 for approval of the
Statement of Findings and the final plat of Lot 1 R2, Block 1 R, Payton-Wright Addition. The
subject property is located at 440 West State Highway 114 and is being replatted to adjust
east and west property Fines to the east.
Council Member Lease, seconded by Mayor Pro Tern Wilbanks,offered a motion to accept
the Commission's recommendation and approve the Statement of Findings and the final
plat of Lot 1 R2, Block 1 R, Payton-Wright Addition. The motion prevailed by the following
voter
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
ITEM 20. PLANNING & ZONING COMMISSION RECOMMENDATION
CONDITIONAL USE APPLICATION CU10-03 PAPPADEAUX SEAFOOD
KITCHEN
Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of
Conditional Use Application CU10-03 filed by Pappadeaux Seafood Kitchen granting a
conditional use permit to amend the site plan approved by Ordinance No. 97-107 for the
possession, storage,retail sale and on-premise consumption of alcoholic beverages (beer,
wine and mixed beverages), outside dining, and a 40 foot pole sign in conjunction with a
restaurant (Pappadeaux Seafood Kitchen). The subject property is located at 600 West
State Highway 114 and is zoned "HC" Highway Commercial District.
Mayor Pro Tern Wilbanks, seconded by Council Member Coy, offered a motion to accept
the Commission's recommendation and approve the ordinance granting the conditional use
permit. The motion prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
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03/16/10
ORDINANCE NO. 2010-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ISSUING A CONDITIONAL USE
PERMIT IN ACCORDANCE WITH SECTION 48 OF
ORDINANCE NO. 82-73, THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF GRAPEVINE,
TEXAS, SAME BEING ALSO KNOWN AS APPENDIX"D"OF
THE CITY CODE, BY GRANTING CONDITIONAL USE
PERMIT CU10-03 AMENDING THE SITE PLAN APPROVED
BY ORDINANCE NO. 97-107 FOR A PLANNED
COMMERCIAL CENTER FOR THE POSSESSION,
STORAGE, RETAIL SALE AND ON-PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER,
WINE, AND MIXED BEVERAGES), OUTSIDE DINING, AND
A 40-FOOT POLE SIGN IN CONJUNCTION WITH A
RESTAURANT IN A DISTRICT ZONED "HC" HIGHWAY
COMMERCIAL DISTRICT ALL IN ACCORDANCE WITH A
SITE PLAN APPROVED PURSUANT TO SECTION 47 OF
ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS,
RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
PROVIDING A CLAUSE RELATING TO SEVERABILITY;
DETERMINING THAT THE PUBLIC INTERESTS, MORALS
AND GENERAL WELFARE DEMAND THE ISSUANCE OF
THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY
NOT TO EXCEED THE. SUM. OF TWO THOUSAND
DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED UPON EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
ITEM 21. PLANNING & ZONING COMMISSION RECOMMENDATION
FINAL PLAT, LOT 6, BLOCK 1, HAYLEY ADDITION
Chairman Oliver reported the Planning&Zoning Commission voted 7-0 for the approval of
the Statement of Findings and the final plat of Lot 6, Block 1, Hayley Addition. The 2.788
acre property is located 696 West State Highway 114 and is being platted to build a
restaurant.
Council Member Stewart, seconded by Council Member Spencer, offered a motion to
accept the Commission's recommendation and approve the Statement of Findings and the
final plat of Lot 6, Block 1, Hayley Addition. The motion prevailed by the following vote:
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03/16/10
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
ITEM 22. PLANNING.& ZONING COMMISSION RECOMMENDATION
FINAL PLAT, LOT 2R, BLOCK 1, HAYLEY ADDITION
Chairman Oliver reported the Planning&Zoning Commission voted 7-0 for approval of the
Statement of Findings and the final plat of Lot 2R, Block 1, Hayley Addition. The 2.384
acre property is located at 1401 William D. Tate Avenue and is platting three lots into one
lot.
Council Member Spencer, seconded by Council Member Lease,offered a motion to accept
the Commission's recommendation and approve the Statement of Findings and the final
plat of Lot 2R, Block 1, Hayley Addition. The motion prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
ITEM 23. PLANNING.&ZONING COMMISSION RECOMMENDATION
SPECIAL USE APPLICATION_SU10-01 CLEAR WIRELESS LLC
Chairman Oliver reported this item had been tabled to April 20, 2010 during the public
hearing portion of the meeting.
ITEM 24. PLANNING & ZONING COMMISSION RECOMMENDATION
HISTORIC LANDMARK SUBDISTRICT DESIGNATION HL10-03 DON
GERSCHICK
Chairman Oliver reported the Planning & Zoning Commission voted 7-0 for approval of
Historic Landmark Subdistrict designation HL10-03 filed by Don Gerschick granting a
Historic Landmark Subdistrict designation on property located at 316 South Barton Street.
Council Member Freed seconded by Council Member Lease, offered a motion to accept
the Commission's recommendation and approve the ordinance granting the Historic
Landmark Subdistrict designation. The motion prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
ORDINANCE NO. 2010-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS DESIGNATING A HISTORIC
LANDMARK SUBDISTICT HL10-03 IN ACCORDANCE WITH
SECTION 39 OF ORDINANCE NO. 82-73 (APPENDIX"D"OF
THE CODE OF ORDINANCES), DESIGNATING THE AREA
LEGALLY DESCRIBED AS LOT 24R, BLOCK 1, ORIGINAL
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TOWN OF GRAPEVINE ADDITION, WILLIAM DOOLEY
SURVEY AND MORE SPECIFICALLY DESCRIBED HEREIN,
IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS
DISTRICT; PROVIDING FOR THE ADOPTION OF THE 316
SOUTH BARTON STREET HISTORIC DISTRICT DESIGN
GUIDELINES; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; PROVIDING A CLAUSE RELATING TO
SEVERABILITY; DETERMINING THAT THE PUBLIC
INTERESTS, MORALS AND GENERAL WELFARE DEMAND
A ZONING CHANGE AND AMENDMENT THEREIN MADE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM. OF TWO THOUSAND DOLLARS ($2;000.00) FOR
EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH
AN OFFENSE OCCURS OR CONTINUES; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
ITEM 25. PLANNING & ZONING COMMISSION RECOMMENDATION
FINAL PLAT, LOT 1, BLOCK 1; A. C. STONE
Chairman Oliver reported the Planning&Zoning Commission voted 7-0 for approval of the
Statement of Findings and the final plat of Lot 1, Block 1, A. C. Stone. The 3.33 acre
property is located west of Euless-Grapevine Road and north of State Highway 360. The
property is being platted to drill gas wells.
Council Member Stewart, seconded by Council Member Freed, offered a motion to accept
the Commission's recommendation and approve the Statement of Findings and the final
plat of Lot 1, Block 1, A. C_ Stone. The motion prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
ADJOURNMENT
Council Member Coy, seconded by Council Member Lease,offered a motion to adjourn the
meeting at 9:21 p.m. The motion prevailed by the following vote:
Ayes: Tate, Wilbanks, Spencer, Stewart, Freed, Lease & Coy
Nays: None
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS on this the 6th day of April, 2010.
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03/16/10
APPROVED:
William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
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